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Judgments of Supreme Court of India and High Courts

The Ipc vs Allowed on 10 January, 2020

1

10.01.2020
tkm/ct 28 C.R.M. 316 of 2020
sl no. 157

In Re : An application for bail under section 439 of the Code of Criminal
Procedure filed on 9.1.2020 in connection with Madhabdihi P.S Case
no. 116 of 2019 dated 4.8.2019 under sections 498A/304B/302/34 of
the IPC
And
Allowed
In Re : Sahila Begum @ Saheli Anr. …….. petitioners

Mr. U S Chattopadhyay
Mr. S Maji
Ms. S Saha
…… for the petitioners

Mr. S G Mukherjee, ld PP
Ms. A Gour
…… for the State

Petitioner no. 1 is in custody for 91 days and petitioner no.

2 is in custody for 159 days and it is submitted on behalf of the

petitioners that the victim suffered from mental imbalance and

committed suicide. Investigation is complete.

Learned lawyer for the State opposes the prayer for bail

and submits that the victim housewife was subjected to torture

over demand of dowry and suffered unnatural death within two

years of marriage.

Having considered the material in the case diary and

bearing in mind the nature of allegations in the light of rival

submissions with regard to cause of unnatural death and in view

of the period of detention suffered by the petitioners as aforesaid
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and as investigation is complete, we are inclined to grant bail to

the petitioners.

Accordingly, the petitioners be released on bail upon

furnishing a bond of Rs.10,000/- each with two sureties of like

amount each, one of whom must be local, to the satisfaction of

the learned CJM, Burdwan on condition that the petitioners shall

appear before the trial court on every date of hearing and shall

not intimidate witnesses or tamper with evidence in any manner

whatsoever.

In the event they fail to appear before the trial court

without justifiable cause, the trial court shall be at liberty to

cancel their bail automatically without reference to this court.

The application being CRM 316 of 2020 is disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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